Business / Commercial Law

Global Justice and International Economic Law Opportunities and Prospects

Edited by Chi Carmody · Frank J. Garcia · John Linarelli
Cambridge University Press March 2012

Specifications

ISBN-13
9781107013285
Publisher
Cambridge University Press
Publication
March 2012
Format
Hardback , 320 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Since the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the WTO, states have continued to develop institutions and legal infrastructure to promote global interdependence. International lawyers are experts in understanding how these institutions operate in practice, but they tend to uncritically accept comparative advantage as the principal normative criterion to justify these institutions. In contrast, moral and political philosophers have developed accounts of global justice, but these accounts have had relatively little influence on international legal scholarship and on institutional design. This volume reflects the results of a symposium held at Tillar House, the American Society of International Law headquarters in Washington, DC, in November 2008, which brought together philosophers, legal scholars and economists to discuss the problems of understanding international economic law from the standpoints of rights and justice, in particular from the standpoint of distributive justice.

• Presents a multidisciplinary effort of legal scholars, philosophers and economists to develop the normative criteria for justifying the WTO and international economic institutions

• Takes a holistic view in offering research that does not neatly fall into standard disciplinary categories

• Takes seriously the idea of developing criteria that may be applied to institutions in practice

Table of Contents

Contributors
ix
Acknowledgments
xi
Introduction
Chios Carmody, Frank J. Garcia, and John Linarelli
1
Part I.   Theorizing justice in international economic institutions
 
1         Approaching Global Justice through Human Rights: Elements of Theory and Practice
Carol C. Gould
27
2         Global Equality of Opportunity as an Institutional Standard of Distributive Justice
Daniel Butt
44
3         Human Persons, Human Rights, and the Distributive Structure of Global Justice
Robert C. Hockett
68
4         Global Economic Fairness: Internal Principles
Aaron James
100
Part II.  How justice gets done in international economic institutions
 
5         The Conventional Morality of Trade
Chin Leng Lim
129
6         The Political Geography of Distributive Justice
Jeffrey L. Dunoff
153
7         The Death of Doha? Forensics of Democratic Governance, Distributive Justice, and Development in the WTO
Chantal Thomas
185
Part III. Critical responses to contemporary theorizing about justice and international economic institutions
 
8         Global Justice and Trade
Fernando R. Tesón and Jonathan Klick
217
9         Jam Tomorrow: A Critique of International Economic Law
Barbara Stark
261
10        Doing Justice: The Economics and Politics of International Distributive Justice
Joel P. Trachtman
273
Conclusion: An Agenda for Research and Action
Chios Carmody, Frank J. Garcia, and John Linarelli
287
Index
297

About the Author

Chi Carmody
University of Western Ontario, School of Law

Frank J. Garcia
Boston College, School of Law

John Linarelli
Swansea University, School of Law

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